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1. As to the Plaintiff, B, and C’s KRW 65,00,00, and each amount of KRW 30,000,000 to the Plaintiff and each amount of KRW 30,000,00, Defendant H made on May 23, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiffs: (a) leased each unit of K Building (hereinafter “instant building”) from the Defendants (J) to the Defendants (hereinafter “instant lease agreement”); and (b) paid each agreed deposit; and (c) specific details are as indicated below.
Plaintiff H 403 subparagraph 65 million won on October 8, 2015, Plaintiff H 403 and Plaintiff H 65 million won on August 27, 2015, Plaintiff C, on August 27, 2015, KRW 301 subparagraph 65 million on August 27, 2015, Defendant H 301 and KRW 30 million on November 27, 2015, Plaintiff D, Defendant H 507, KRW 30 million on December 7, 2015, Plaintiff H, I 508 subparagraph 4,00 million on December 7, 2015, Plaintiff F, Defendant H 407, and Defendant H 407, and KRW 407 million on April 12, 2015, respectively.
B. On February 7, 2017, at the request of the Dongwon Credit Cooperative, the mortgagee of the instant building, a voluntary auction (hereinafter “instant voluntary auction”) was initiated on February 7, 2017 with respect to the instant building, and is currently underway.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Gap evidence 16, Eul evidence 3, the purport of the whole pleadings
2. Although the transfer of the lessor’s status is accompanied by the transfer of the lessor’s duty in a lease agreement to determine the cause of the claim, the lessor’s duty does not vary depending on who the lessor is the lessor, and the method of performance is rarely possible as the owner of the object. From the standpoint of the lessee, recognizing the succession of the duty to the new owner may be much more favorable to the lessee. Thus, only a contract entered into with the lessor and the new owner may be transferred.
However, in this case, the lessee is entitled to succeed to the lease by raising an objection immediately in accordance with the principle of fairness and good faith that the lessee may not force the lessee to succeed to the lease and that the lessee may terminate the lease by himself.